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Orthodoxy has it the Supreme Court decided in 1886, in a case called Santa Clara County v. the Southern Pacific Railroad, that corporations were indeed legal persons. I express that view myself, in a recent book. So do many others. So do many law schools. We are all wrong.

Mr. Hartmann undertook instead a conscientious search. He finally found the contemporary casebook, published in 1886, blew the dust away, and read Santa Clara County in the original, so to speak. Nowhere in the formal, written decision of the Court did he find corporate personhood mentioned. Not a word. The Supreme Court did NOT establish corporate personhood in Santa Clara County.

Pardon me while I go to the bookstore. This looks to be a book well worth reading. Imagine the US government controlled by the best interests of real people instead of corporations.
posted by nofundy
on Dec 27, 2002 -
25 comments

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